## TEIEATTORNEYGENERAL OF TEXAS

September 3, 1953

Honorable J. R. Alamia OpinionNo. S-97 Criminal District Attorney Hldalgo County Re: Legality of claaslfgRdinburg, Texas ing tank trucks used by farmers to haul water over public highways as "impleDear Mr. Alamia: ments of husbandry."

Your request for an opinion reads In part: "Certaintank trucks are being used by a farmer for the transportation of water to and from several of his farms. These trucks are used exclusively for the purpose of transportingwater to said farms to be used in the cultivation of crops. Said trucks operate, of necessity,upon public highways en route to various farms or portions of farms. The water is intended solely for the use of the owner of the trucks and said trucks are not put out for hire. The owner of said trucks has failed to register said vehicles insisting that they are implements of husbandry and the operators of same are not licensed as motor vehicle operators as providedby Texas law. "QuestionNo. 1. Do thesewater trucks fall under the category of 'implementsof husbandry' as defined inArt. 6675a-1, R.C.S., and If so are they exempt from registration? "guestionNo. 2. If these water trucks do not fallwithin the category of 'Implementsof husbandry' and they are liable to registration, then in that event do they fall within the meaning of Art: 6675a-da providing for a 50s reduction of registration fees for certain farm vehicles? "Quea;lonNo. 3. Are persons operating such water true a on publich&hways temporarily required to have a motor vehicle operator'8 llcense?nRon. J. R. Alamla, page 2

Article 6675a-2

“Every owner of 

## (s-97)

reads in part as follows:

semi-trailerused or a motor vehicle, traileror to be used upon the public .-- - highways of this State snall apply eactl year to the State Highway Department through the County Tax Collectorof the county inwhich he resides for the registration of each such vehicleowned or controlledby him for the ensuing Or current calendaryear 0 0 oOwners of farm tractors,farm trailers,farm semi-trallers, implementsof husbandry, and machinery used.solely for the purpose of drillingwater wells operated ormoved temporarily upon the highways shall not be required to register such farm tractors, farm trailers,farm seal-trailers, implements $f husbandry,and welldrllllngmachinery; 0 0 D Prior to 1941,Article 6675a-1 defined "motor vehicle,' "farm-tractor,"and 'farm semi-trailer,"but did not deflne "Implementsof husbandry." The question arose as towhether or not a water tank truck,used exclusively for the purpose of hauling water to and between certain farms and thereby used temporarily on the public highways,was an "Implementof husbandry"within the meaning of Article 6675a-2. This questionwas decided inAllred v. J. C. Ennelman. Inc,, 123 Tex. 205, 61 S.W.26 75 (1933),which construedArticle 6675a-2 to Include suchwater trucks within themeaning of "lmplements of husbandry" therein. Also see Bean v. Reeves, 77 s.W.26 737 (Tex. Civ. App. 1934).

The EnneIman case settled the law on the subjectuntil 1941, at which time the 47thRegular Session of the Legislature passed Senate Bill No. 43, adding a new section toArticle 6675a-1, which defined Amplements of husbandryas follows:

"iImplementsof husbandry' shallmean farm Implements,machlnerg and tools as used In tilling the soil,but shall not include any PassenRercar or truck." (Emphasisadded.)
It cannotbe doubted that the Legislaturehas the power tomake or change the law In this field and by the words "shall. not includeany passengercar or truck" it clearlyand unambiguously excludedall trucks from thedefinition of Implementsof husbandry. It Would indeed requlre a stralned constructionof the above section to except such water tank trucks as are here involved . ., . . Hon. J. R. Alamia, page 3 (5-97)

from the scope of this exclusion. Your firstquestion, must, therefore,be answered “No.” The~trucks here lnvolved are not Implements of husbandry and therefore are not exempt from registration.

In answering your second question,we must look to Article 6675a-6a, which reads In part as follows:

"Whena commercialmotor vehicle sought to be registeredand used by the owner thereof~ only ln the transportation of his own poultry,dairy, livestock, livestock products, timber In Its natural state,~and farm products to market, or to other points for sale or processing, or the transporta- 'tlonby the owner thereof of laborersfrom their place of residence, and materials, tools,equipment and supplies,without charge, from the place o'f purchaseor storage, to his own farm or ranch, exclusively for his own use, or use on such farm or ranch, the registration license fee, for the weight classlflcationshereinmentioned, shall be fifty (50%) per cent of the registrationfee prescribed for welghf;classifications InSection 6 of the Act
. . . It Is obvious that the Leglslature cannot lncluae every situation Inwhich a farm truckmight be **used** nor everythingwhich might be transportedln e farm truckwithin the statute designating which trucksare entitled to the reduced license fee, and theyhave, there,- fore, used such general terms as "materials,tools, equlpment and supplies" In setting out what materials or goods may be transported.underthis act. Claytonv. Bridgeport Mach. Co., 33 S.W.2d 787 defines %upplles" as (Tex. Civ. App. 1931 error ref.) "availableaggregateof'thlngsneeded or demanded; anything yielded or afforded tomeet 'awant."

United States Fidelity and Guaranty Co. v. FeenaughtyMachinery Co., 197 Wash. 569, 85 P.2d 1085 x1939), defines supplies as:

II

. . . including anything that Is furnished for, and used directly ln the carryingon of, the work, and Is entirely consumed thereby."
3~1~11 v. Delaney_ 175 Misc. 795, 25 N,.Y.S.2d 387 (1941),defines suppli& thus:Hon. J. R. Alan&a, page 4 (3-97) . .

"Suppliesrelatea to sotiethlng used directly in carrying on work, something in addition to it, those articles necessary for entity to function properly." enabling an existing

The above deflnltlonswould obviously Include water as It is being used here within the scope of the word "supplies." We also feel that the legislative lntent la clear from the wording of the act thatwhere tank trucks are being used by a farmer for the transportation of water to his farm, these trucks being used exclusively for this purpose and solely for the owner of the trucks, they should fall within the provlslons of Article 6675a-6a, providing for a 50s reduction of registration fees. Your second question Is accordingly answered in the affirmative.

In answer to your third question,we must look to Article 6687b,V. C. 3. Section 2 of this article reads In part as follows:

“(a) No person,bxcept thobe hereinafter expressly exempted, shall.driveany motor vehicle upon a highway ln this State unless such person has a valid license as an operator, a commercial operator, or a ckauffeurunder the provisions of this Act.
. . . Section 3 of Article 6687b states that the following personsare exempt from license:

"2

. Any personwhile driving or operating any roadmachine, farm tractor> or Implementof husbandry temporarilyoperated or motiedon a hlghway, and while driving or operating any commercial motor vehicle temporarily on the highway in an emergency." The definition of "Implementsof husbandry" contained in Section 1 of Article 6687b excludes any automobile or truck, as does the definltlon InArticle 6675a-1. From the answer to your first question, It follows that the trucks here Involved are not Implements of husbandrywithin this exemption. The trucks are commercial motor vehicleswhich, In a sense, are being "tem~rarlly" operated on the highway, but they are not being "temporarilyoperated ln an emergency"and conse- ;y;;tly do not comewithin the latter part of the exemp-

. Since they are not within any of the exemptions. .. Hon. J. R. Alamla, page 5 (3-w)

In the statute, the drivers of these trucks must have a license for their operation on a highway.

Section 3 of Article 6687b contains this further provision, added in 1951:

“48. A person operatlng a commercial motor vehicle, the six thousand 7ross weight of which does not exceed

6,000) pounds as that term Is defined in Article 6675a-6 of the Revised Civil Statutes of Texas, operated In the manner and bearing current farm registration plates as provided in Article 6675a-6a of the Revised Civil Statutes, who holds an operator’s license, shall not be required to obtain a commercial operator’s license. I’ It was held ln answer to your second question that these trucks are entitled to registration under Artlcle 6675a-6a. If so registered and the gross weight of the truck does not exceed 6,000 pounds, an operator’s license is all that Is requlred. exceeds 6,000 pounds, If the gross weight the driver Is required to hold a commercial operator’s license. (1941) 0 Att’y. Gen. Op. 0-3560

SUMMARY Tank trucks being operated on a public hlghway by a farmer In the transportation of water to and between several of his farms to be used in the cultivation of crops, they being used exclusively for thls purpose and for the use of that farmer only, are not implements of husbandry and therefore must be registered under the provisions of Article 6675a-2, but they are entitled to the 50% reduction in registration fee provided for in Article 6675a-6a. Their drivers must have a driver's license, and they are required to have a commercial operator’s license If the gross weight of the truck exceeds 6,000 ponds. APPROVED: M. Richardson State Affairs Division & e;LrWall f Yours very truly, JOHNBENSHEPPEBD Attorney General
Robert 3. Trottl First Assistant John Ben Sheppard Attorney General By @dd?dk@ David Beerbower Assistant